Legal Question in Civil Litigation in Illinois
My neighbors tree fell on top of 5 cars parked in my driveway. My neighbor has home owners insurance, who denied the cliam. I went to small claims court. My neighbors insurance company represented him in court. In arbirtration, I won the case. Now we have a court date for the judgement. Do you know if the insuance is going to have to pay or do I have to wait on my neighbor to pay?
1 Answer from Attorneys
If I understand you correctly, the Judgment on Award date (JOA) is when the court will turn the arbitration award into a judgment--IF, neither party have rejected the arbitration award. If neither have rejected, then the judgment will be entered in the favor of whomever won the arbitration in the amount the arbitrators decided.
Once judgment is entered, then the obligation to pay the judgment begins. It is likely that the insurance company will pay--if they have not denied the claim based on coverage issue. Otherwise, your neighbor will have to pay.
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